You can be both a nonresident alien and a resident alien during the same tax year. This usually occurs in the year you arrive or depart from the United States. If so, you may elect to be treated as a Dual Status Alien for this taxable year and a Resident Alien for the next taxable year if you meet certain tests. (Refer to section “Dual-Status Aliens” – “First Year Choice” in Publication 519, U.S. Tax Guide for Aliens.)